NARSINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the revisionist and learned AGA for the respondent and perused the record.

(2.) THIS revision has been preferred against the judgment and order dated 13.2.2004 passed by the Additional Sessions Judge, Fast Track Court, Sonebhadra in criminal appeal no. 9 of 2001, whereby the learned Additional Sessions Judge maintained the conviction order dated 18.5.2001 recorded by the Chief Judicial Magistrate, Sonebhadra under section 349 of the Code of Criminal Procedure (in short 'the Code ') against the revisionist.

(3.) THE learned counsel for the revisionist submitted that there was neither any refusal on the part of the revisionist nor he made any deliberate disobedience of the order of the court. In fact the revisionist had already transmitted the challani report to the office of the A.R.T.O. on 11. 2001 before he received the order of the Magistrate requiring him to transmit the challani report to the court. The revisionist did so on account of the fact that the Superintendent of Police had directed all the police officers to submit the challani report under the Motor Vehicles Act to the court through the A.R.T.O. so as to enable the A.R.T.O. to assess and recover the tax, if any, payable on the vehicle. It was also submitted on behalf of the revisionist that the revisionist, on account of clerical error, mentioned in his report that there was a Government order for submission of the challani report in the court through the A.R.T.O. The learned counsel further submitted that the revisionist had been deputed to go to Hyderabad to impart training to trainee I.P.S. officers in the Police Academy, Hyderabad and went there on 19. 2001. In this view of the matter the revisionist could not furnish reply within the time fixed by the court nor could appear personally in the court. Therefore, the impugned orders, which are very harsh, ought not to have been passed. The learned counsel for the revisionist lastly submitted that it was open to the police to file challani report directly in the court or to route it through the A.R.T.O.